("Replicon" or "we", "us", "our", etc.)
Replicon is committed to maintaining the privacy of individuals and protecting personal information in its custody or control in accordance with privacy legislation applicable to Replicon. This Policy is intended to comply with the requirements of Alberta's Personal Information Protection Act ("PIPA"). However, in certain circumstances, other legislation may be applicable.
This Policy describes and summarizes the practices of Replicon and its affiliates with respect to our collection, use and/or disclosure of personal information related to all individuals other than employees and individual contractors of Replicon; those individuals are subject to a separate policy. Employees of Replicon dealing with personal information are expected to be familiar with this Policy.
In this Policy, the following terms have the meanings below:
Privacy and our Website
We do not collect any personal information from individuals who simply visit our website. However, individuals should be aware that most web servers do collect some information about visitors, such as the browser and version being used, the operating system, and the "IP" or internet address of the visitor, which may identify the individual's Internet Service Provider or computer but not necessarily the individual using it.
If you voluntarily submit personal information to us by e-mail for purposes of obtaining information, we will consider that you have done so with your consent for purposes reasonably related to your providing the information. If reasonable to do so, after our initial response, we may send further information to you with information that may be useful, but we will include instructions on how to terminate receiving such further information. Please be advised that the Internet and e-mail are inherently insecure media, and we cannot take responsibility for the security or privacy of personal information in transit over the Internet.
Third Party Websites
Please note that our website may contain links to other websites which are provided as a convenience for visitors to our website only. Any third party websites will have their own privacy policies and practices, and we cannot be responsible for such third parties, their websites, or their privacy practices.
Sources of Personal Information
Replicon generally collects, uses and discloses personal information about the following types of individuals:
Notification and consent
Subject to this Policy and applicable legislation, Replicon will identify the purposes for collection, use and disclosure in advance of collection, and will notify the individual of the purposes for collection, use or disclosure at or before the time of collection.
There are a number of exceptions to the above provisions in that in some circumstances, such as with certain personal information related to employees, Replicon does not require consent to collect, use or disclose personal information but is required to provide notification in advance.
In other circumstances, specifically those set out in applicable legislation, the law does not require that Replicon obtain consent or provide notification. Replicon reserves all its rights to rely on any available statutory exemptions and exceptions.
Exceptions to the requirement for consent
Replicon may collect personal information without consent in circumstances that include but are not limited to the following:
In addition to the above, the law generally provides that an individual is deemed to consent to the collection, use or disclosure of personal information about that individual for a particular purpose if the individual voluntarily provides the information for that purpose, and it is reasonable that a person would voluntarily provide that information. If an individual provides personal information to us voluntarily, we will rely on deemed consent and consider that the individual consents to our collection, use or disclosure of their personal information as necessary to carry out the purposes for which they provided the information.
Where a new purpose for the use or disclosure of personal information previously collected arises, Replicon will contact the individual in question to obtain any required consent or to provide any required notification for use and/or disclosure for such new purpose or purposes.
Where practical, Replicon will try to collect personal information directly from the individual. Where necessary, Replicon will collect personal information from other sources. When Replicon collects personal information about individuals directly from them, except when their consent to the collection is deemed or has otherwise been previously and lawfully obtained, or is not required, we will tell them the purpose for which the information is collected, and, if reasonable to do so, the name of a person who can answer questions about the collection.
Why we collect, use and disclose personal information
Replicon generally collects, uses and discloses personal information for the following purposes:
Use of Personal Information
As with collection, there are exceptions to the requirement of consent with respect to use. For example, Replicon may use personal information without consent in circumstances that include but are not limited to the following:
Replicon will in all cases use personal information as permitted or required by applicable law.
Disclosure of personal information
It is the general policy of Replicon to not disclose personal information in its custody or control except with the consent of the individual and then only for identified purposes. However, individuals should be aware that there are exceptions to the above.
Alberta law permits us to collect, use or disclose personal information about an individual in some circumstances without the individual's consent and/or knowledge. Such circumstances include (but are not limited) to where:
Replicon will in all cases disclose personal information as required or permitted by applicable law.
Replicon does not disclose, trade or sell its customer or contact lists.
All incoming and outgoing telephone calls using Replicon's telephone systems are subject to automated recording and archiving. Recording is a function of certain technology and cannot be turned off by individual Replicon employees or contractors for particular cases. Recording is carried out for the following purposes:
Recordings of telephone calls are initially not reviewed or overheard in any manner, but are archived in digital format on a secure server without review. Such recordings may be subsequently reviewed by Replicon at any time for any one or more of the stated purposes and, in particular, may be used without notification or consent as evidence in the event of an investigation or legal proceeding related to such telephone conversation, or to review the quality of service provided in situations where Replicon has a basis to believe that such quality may not be adequate and generally only with respect to those Replicon representatives who interact with customers.
Callers from outside Replicon are advised that their call may be recorded and potentially used on the foregoing basis by posting a notice to that effect on Replicon's web site. Callers have the option at their request of opting out of such recording by asking their Replicon representative to call them back on a cell phone, which is not subject to automated recording. Individuals may also communicate with Replicon via e-mail, fax or mail.
Recordings, including recordings that are not reviewed, are retained on the same basis as other personal information pursuant to this Policy. Where required or permitted by law, Replicon may use or disclose personal information contained in recordings. Replicon does not use information contained in recordings for marketing or solicitation purposes. Access to such recordings is restricted to particular individuals within Replicon who have obligations of confidentiality to Replicon and who have a need to review such recordings as part of their obligations to Replicon.
There are occasions where Replicon representatives may remotely access a computer of a Replicon customer in order to provide services, including technical support or product support. Such access may include an exchange of information of a conversational nature and, while not intended to do so, such access may result in the collection of personal information incidental to our providing services. The activities carried out during such access are recorded and archived so that the recording of such activities may later be viewed or reviewed for the purposes of providing services to the customer in question. The recording is a video file without sound and is subsequently used only for the purposes of assisting the customer. In all cases where a computer becomes subject to access by Replicon, such access will be with the customer's knowledge and consent.
Alberta law allows us, for legal or business purposes, to retain personal information for as long as is reasonable. Upon expiry of an appropriate retention period, bearing in mind reasonable legal and business requirements, personal information will either be destroyed in a secure manner or made anonymous.
Should consent to our collection, use, disclosure or retention of personal information be revoked by the individual in question, the law also allows us to continue to retain the information for as long as is reasonable for legal or business purposes. In the event that revocation of consent may have consequences to the individual concerned, we will advise the individual of the consequences of revoking their consent where it is reasonable in the circumstances to do so.
When we collect, use or disclose personal information, we will make reasonable efforts to ensure that it is accurate, up to date, and complete.
We recognize our legal obligations to protect the personal information we have gathered about individuals. We have therefore made arrangements to secure against unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information. These arrangements may include physical security measures, network security measures, and organizational measures such as non-disclosure agreements and need-to-know access.
Requests for Access
Alberta law permits individuals to submit written requests to us to provide them with:
Requests for access are subject to the following:
Please note that an individual's ability to access his or her personal information under our control is not an absolute right. Alberta law provides that Replicon must not disclose personal information where:
Alberta law also provides that Replicon may choose not to disclose personal information where:
Replicon reserves all its rights under the above.
Responses to Requests
Our responses to requests for access to personal information will be in writing, and will confirm:
If access to information or copies are refused by us, we will provide written reasons for such refusal and the section of PIPA (the Personal Information Protection Act, Alberta) on which that refusal is based. We will also provide the name of an individual at Replicon who can answer questions about the refusal, and particulars of how the requesting individual can ask the Information and Privacy Commissioner of Alberta to review our decision. In order to receive a response to such a request, the individual must provide us with sufficient information to locate their record, if any, and to respond to them.
Requests for Correction
Alberta law permits individuals to submit written requests to us to correct errors or omissions in their personal information that is in our custody or control. If an individual alleges errors or omissions in the personal information in our custody or control, we will either:
Corrections or amendments will not made to opinions as opposed to factual information, although we reserve the right to modify opinions where changes in the facts on which those opinions are based occur.
Replicon may amend this Policy from time to time as required and without notice, in order to better meet our obligations under the law.
If you have any questions with respect to our policies concerning the collection, use, disclosure or handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, or if you are dissatisfied with how we handle your personal information, please contact our Privacy Contact, Peter Kinash, at:
firstname.lastname@example.org OR 403-262-6519 ext 384.
If you remain dissatisfied after our Privacy Contact has reviewed and responded to your concern, or have other concerns or questions, you have the right at any time to contact the Office of the Information and Privacy Commissioner at:
410, 9925 - 109 Street
Edmonton, AB T5K 2J8
Telephone (780) 422-6860 or Fax (780) 422-5682